MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:



                  BOARD DATE: 09 OCTOBER 2003
                  DOCKET NUMBER: AR2003085348

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Mr. Robert J. Osborn II		Member
Ms. Eloise C. Prendergast		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: That her reenlistment eligibility code of RE-3 on her 1 December 1998 NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) be changed from RE-3 to RE-2 so that she can reenter the Army National Guard.           

APPLICANT STATES: That she should not have a permanent medical disqualification. Her condition was exaggerated. She is a mentally and physically healthy individual, very active, and participates in many recreational sports. She has obtained a master's degree and has good moral character. She will be an asset to the Army. She would like to have another evaluation.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant enlisted in the Kentucky Army National Guard on 9 September 1993. She was discharged from the Army National Guard on 24 June 1996 because of a defective enlistment agreement. Her reenlistment eligibility code was RE-1.

On 25 August 1997 she enlisted in the Army Reserve for 8 years as a ROTC (Reserve Officers Training Corps) cadet at Eastern Kentucky University, and on 27 August 1997, she enlisted for 4 years in the Army National Guard simultaneous membership program (SMP).

An 8 June 1998 medical record shows that the applicant, while at ROTC summer camp, complained of pain in both knees with repetitive exercises and that she had difficulty bearing weight loads. That record shows that the applicant had prior knee pain since she was 16 years of age. The examining physician indicated that she had chronic knee problems and that she did not meet medical standards for retention in the Army. He recommended that she not receive a waiver for her condition.

Another 8 June 1998 medical record indicates that she stated that she had a history of depression during school and that she was on anti-depression medications for 2-3 months. She gave a history of anxiety disorder symptoms and questioned her ability to cope with the Army life style. The examining physician diagnosed her condition as depressive disorder, not otherwise specified, EPTS (existed prior to service), and avoidant personality disorder. He stated that the applicant did not meet the medical standards for entry into the Army.

An 8 June 1998 report of medical examination shows that the applicant had a physical profile serial of 1 1 3 1 1 4, and that she was not medically qualified for retention in the Army because of her depression disorder, avoidant personality disorder, and retropatellar knee pain. In the report of medial history she furnished for the examination, the applicant stated that she was in excellent health; however, did indicate that she had or had had swollen or painful joints, and depression or excessive worry. That report indicated that she was seen by the school psychiatrist; that she had a history of tendonitis, but was never under the care of a doctor, although she did see athletic trainers during sports' seasons, but her activities were not limited.

On 8 June 1998 a doctor recommended that she be permanently disqualified for retention in the Army, and that no waiver be granted. A medical review board concurred with the medical officer's recommendation. On that same date, the Army Cadet Command notified the Professor of Military Science (PMS) at Eastern Kentucky University that the applicant was released from the ROTC Advance Camp because of her disqualifying conditions, and directed the PMS to take action to disenroll her from the ROTC program.

On 21 June 1998 the PMS informed the applicant that he was initiating action to disenroll her from the ROTC program, and informed her of her rights, e.g., request a hearing by a board of officers, waive her right to a hearing, consult with counsel, submit statements in her own behalf. There is no record of any further action in this regard. However, on 25 November 1998, the applicant's unit commander approved a request that the applicant be discharged because of her disenrollment from the simultaneous membership program due to her medical unfitness for retention in the Army.

On 1 December 1998 the applicant was discharged from the Army National Guard and as a Reserve of the Army for failure to meet medical procurement standards. Her reenlistment eligibility code was RE-3.

Army Regulation 145-1 provides for the disenrollment of a nonscholarship cadet from the ROTC program for a medical condition that precludes appointment in the Army. It provides for a board of officers and referral to the Army Cadet Command for disenrollment for medical reasons. Procedures governing disenrolled SMP participants are outlined in National Guard Regulation 600-200.

National Guard Regulation 600-200 provides for the discharge of soldiers from the State Army National Guard and Reserve of the Army, and states in pertinent part that Army Regulation 135-178 will be referred to for discharge of soldiers who fail to meet medical procurement standards. Soldiers so discharged will receive a reenlistment eligibility code of RE-3. The RE-3 code is waivable.

Army Regulation 135-178 provides for the discharge of enlisted soldiers from the Army National Guard and the Army Reserve, and states in pertinent part that the State Adjutants General are authorized to discharge soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medially disqualified under these standards prior to entry on initial active duty for training.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. Absent evidence to the contrary, the applicant's disenrollment from the ROTC program was proper and in accordance with regulation. Her discharge from the Army National Guard and as a Reserve of the Army for failure to meet procurement medical standards also was proper and fitting, as was her reenlistment eligibility code of RE-3. Competent medical authority determined that she was medically unfit for retention in the Army. Notwithstanding her contentions, she has provided no evidence to dispute that determination.

2. The applicant has submitted neither probative evidence nor a convincing argument in support of her request.

3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.

4. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__RVO__ __RJO __ __ECP __ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2003085348
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20031009
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	110.00
2.
3.
4.
5.
6.